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The South China Sea Arbitral Tribunal Award: Political and Legal Implications for China

The South China Sea Arbitral Tribunal Award: Political and Legal Implications for China The South China Sea Arbitral Tribunal Award: Political and Legal Implications for China NONG HONG The release of the Arbitral Tribunal’s award on 12 July 2016 brought to an end the arbitration case on the South China Sea which the Philippines had unilaterally brought against China in January 2013. This thoroughly one-sided award ruled that many of China’s maritime claims in the South China Sea were contrary to the United Nations Convention on the Law of the Sea (UNCLOS) and had thereby violated Philippine sovereign rights and freedoms. The ruling does not mean that the dispute between the Philippines and China is over. But it does have political and legal implications for China, especially its future approach to managing and eventually resolving the country’s maritime disputes. When it comes to international disputes, China has a strong preference for negotiating or consulting directly with the other party directly concerned. This preference owes much to Chinese culture and history. China has always advocated bilateral negotiations as the most practical means of solving problems between states. China’s perception of the role of international courts in dispute settlement is also negative. Thus far no dispute between China and any other Nong Hong http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Contemporary Southeast Asia: A Journal of International and Strategic Affairs Institute of Southeast Asian Studies

The South China Sea Arbitral Tribunal Award: Political and Legal Implications for China

The South China Sea Arbitral Tribunal Award: Political and Legal Implications for China


The South China Sea Arbitral Tribunal Award: Political and Legal Implications for China NONG HONG The release of the Arbitral Tribunal’s award on 12 July 2016 brought to an end the arbitration case on the South China Sea which the Philippines had unilaterally brought against China in January 2013. This thoroughly one-sided award ruled that many of China’s maritime claims in the South China Sea were contrary to the United Nations Convention on the Law of the Sea (UNCLOS) and had thereby violated Philippine sovereign rights and freedoms. The ruling does not mean that the dispute between the Philippines and China is over. But it does have political and legal implications for China, especially its future approach to managing and eventually resolving the country’s maritime disputes. When it comes to international disputes, China has a strong preference for negotiating or consulting directly with the other party directly concerned. This preference owes much to Chinese culture and history. China has always advocated bilateral negotiations as the most practical means of solving problems between states. China’s perception of the role of international courts in dispute settlement is also negative. Thus far no dispute between China and any other Nong Hong is Executive Director of the Institute for China-America Studies (ICAS), an independent, non-profit think-tank based in Washington D.C. Postal address: 1919 M Street, NW, Suite 310, Washington D.C., 20036, United States; email: hongnong@chinausicas.org. 01 Roundtable-3P.indd 356 state has been brought to the International Court of Justice (ICJ) or other international tribunals, except the South China Sea arbitration case. In treaties to which it is a party, China has usually made reservations about the clause of judicial settlement by the ICJ. As for UNCLOS, China declared on 7 September 2006 under Article 298 the exclusion of certain disputes (such...
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Publisher
Institute of Southeast Asian Studies
Copyright
Copyright © The Institute of Southeast Asian Studies.
ISSN
1793-284X
Publisher site
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Abstract

The South China Sea Arbitral Tribunal Award: Political and Legal Implications for China NONG HONG The release of the Arbitral Tribunal’s award on 12 July 2016 brought to an end the arbitration case on the South China Sea which the Philippines had unilaterally brought against China in January 2013. This thoroughly one-sided award ruled that many of China’s maritime claims in the South China Sea were contrary to the United Nations Convention on the Law of the Sea (UNCLOS) and had thereby violated Philippine sovereign rights and freedoms. The ruling does not mean that the dispute between the Philippines and China is over. But it does have political and legal implications for China, especially its future approach to managing and eventually resolving the country’s maritime disputes. When it comes to international disputes, China has a strong preference for negotiating or consulting directly with the other party directly concerned. This preference owes much to Chinese culture and history. China has always advocated bilateral negotiations as the most practical means of solving problems between states. China’s perception of the role of international courts in dispute settlement is also negative. Thus far no dispute between China and any other Nong Hong

Journal

Contemporary Southeast Asia: A Journal of International and Strategic AffairsInstitute of Southeast Asian Studies

Published: Feb 4, 2016

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